What is it about?
Alongside the traditional rules on lis pendens and related actions, which, as it already happened under the previous Brussels I Regulation (No. 44/2001) and earlier under the Brussels Convention of 1968, concerned only the occurrence of parallel proceedings before the courts of two EU Member States, Regulation (EU) No. 1215/2012 (s.c. Brussels Ia), inroduced under Articles 33 and 34 new rules, addressing the situation where the same or related actions are pending before the courts of a third country, This essay analyzes those new rules, pointing to the differences they present as compared to traditional intra-EU lis pendens and related actions rules.
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Why is it important?
The innovation brought about by the Brussels Ia Regulation analyzed in this paper is of great momentum, since it represents a significant step by the EU legislator towards taking more thoroughly into account the problems posed by truly nternational legal relationships, which cannot be considered as purely limited to the intra-EU scenario.
Perspectives
It remains to be seen if analogous steps are going to be taken in the context of other EU instruments adopted in neighbouring areas of judicial cooperation, where the relevant EU acts so far do not contain comparable rules addressing third-country related disputes.
Prof. Fabrizio F Marongiu Buonaiuti
Universita degli Studi di Macerata
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This page is a summary of: Lis alibi pendens and Related Actions in the Relationships with the Courts of Third Countries in the Recast of the Brussels I Regulation, De Gruyter,
DOI: 10.1515/9783866536081.87.
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